Part Definitions

1. Law
2. Tennessee Code
3. Health, Safety and Environmental Protection
4. Health Facilities and Resources
5. Registry of Persons Who Have Abused, Neglected, or Misappropriated the Property of Vulnerable Individuals
6. Part Definitions

As used in this part, unless the context requires otherwise:

1. “Abuse” means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;
2. “Criminal disposition” means the disposition of criminal charges constituting an offense against a vulnerable person, as that term is defined by this section, either by conviction, or by pretrial diversion authorized by any court pursuant to title 40, chapter 15, or by an order deferring further proceedings and placing an individual on probation by post-trial diversion issued pursuant to title 40, chapter 35;
3. “Exploitation” means, in cases that are investigated by the department of human services, the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult;
4. “Misappropriation” means any taking, possession or use of the property of a vulnerable person the elements of which constitute any criminal offense involving such property, or that constitute a violation of a fiduciary duty of a caretaker of a vulnerable person;
5. “Neglect” means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness;
6. “Offense against a vulnerable person” means any act that constitutes abuse, neglect, misappropriation or exploitation of the property of a vulnerable person even if the act does not constitute a criminal act, or any crime the elements of which constitute abuse, neglect, or misappropriation or exploitation of the property of a vulnerable person;
7. “Property” means all interests of any type in real property, and any interests of any type in personal property whether in moneys or financial instruments of any type, goods, furnishings, and similar property; provided, however, that for purposes of reporting to the registry established by this part, property shall only consist of funds paid by a governmental agency to an “adult” as defined in § 71-6-102, if the report of abuse, neglect, misappropriation or exploitation is investigated by the department of human services pursuant to title 71, chapter 6, part 1; and
8. “Vulnerable person” means anyone who:
   1. Is under eighteen (18) years of age; or
   2. Is eighteen (18) years of age or older and, by reason of advanced age or other physical or mental condition, is vulnerable to or has been determined to have suffered from abuse, neglect or misappropriation or exploitation of property and is or has been:
      1. The subject of any report of harm, abuse, neglect, or exploitation of property made to any state agency or investigative authority with responsibility to investigate those reports pursuant to title 37, chapter 1, parts 1 or 6, title 71, chapter 6, part 1, or pursuant to any other law or regulation;
      2. Receiving protective services from a state agency pursuant to law;
      3. The victim of any criminal offense that constitutes abuse, neglect, or misappropriation or exploitation of property;
      4. In the care of either a state agency, an entity that is licensed or regulated by a state agency, or in the care of an entity providing services under the provisions of a contract between that entity and a state agency; or
      5. Receiving services in the person's home from any agency licensed or regulated by or contracted to a state agency, including, but not limited to home and community-based services, home health care, or other health care-related services provided through state or federal funds to assist persons to remain in their homes.

Download our app to see the most-to-date content.